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Visiting the UK as a non-European living in France

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anisotropic
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Visiting the UK as a non-European living in France

Post by anisotropic » Tue Sep 15, 2015 3:26 pm

Hi all. I'm sorry if this is a stupid question, but I've been absolutely unable to find an answer to my question anywhere.

I am a US citizen who has been living in the UK as a student for the past 5 years. I am moving to France in two weeks on a work visa there, for the next 3 years. My partner, however, is remaining in the UK indefinitely.

I simply want to know how often I will be able to visit my partner in the UK (I had been hoping to come back to see them perhaps one weekend out of every month). I know that the UK border force look out for things like people secretly living in the UK, etc. I have no intention of doing anything untoward, and I will be working full time in France, and my visits won't be long, but they might be semi-frequent (as I said, about once a month) but will my work status in France allow me any kind of free movement in terms of visits?

How often will I be allowed to visit my partner? Will I have trouble being let in the country once I leave here? Do I need to apply for a visa or can I visit multiple times on visa waiver?

Thanks in advance. I'm really worried that my relationship may go downhill if I'm not able to see my partner very often.

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Re: Visiting the UK as a non-European living in France

Post by secret.simon » Tue Sep 15, 2015 3:40 pm

Is your partner an EEA citizen, British citizen or other?
If either of the first two, your partner can visit you in France at any time. Also, if s/he is a non-British EEA citizen and you have stayed with him/her for atleast two years in "a relationship akin to marriage", you could get an EEA Residence Card for the UK.
anisotropic wrote:will my work status in France allow me any kind of free movement in terms of visits?
No. You will need a separate visa for visiting the UK.

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Casa
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Re: Visiting the UK as a non-European living in France

Post by Casa » Tue Sep 15, 2015 3:44 pm

Did you previously enter the UK on a Visa Waiver document? If so:
An EVW Document relates to one person and may only be used for one application for leave to enter the United Kingdom or, where applicable, one crossing of the land border from the Republic of Ireland.

Working in France doesn't give any special concession for free movement as the UK isn't part of the Schengen agreement.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

anisotropic
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Re: Visiting the UK as a non-European living in France

Post by anisotropic » Tue Sep 15, 2015 3:49 pm

My partner is a European citizen. I should have mentioned that. They are just living in the UK.

I knew that they could visit me as often as they want, but we were hoping to balance between them visiting me and me visiting them, for financial and other reasons.

Will there be limits on how often I can come to the UK, strictly as a visitor?
Did you previously enter the UK on a Visa Waiver document? If so:
An EVW Document relates to one person and may only be used for one application for leave to enter the United Kingdom or, where applicable, one crossing of the land border from the Republic of Ireland.
I was given a 6 month 'visitor' visa the last time I entered because I had graduated (even though my student visa isn't meant to expire for a few more weeks). It is my understanding that this expires once I leave the country again (so, when I move) and to re-enter to visit my partner later I'd need to get another one.

I guess my question is how often am I allowed to do this? I don't want to make the border force think I'm doing anything bad or abusing any system, but I also don't want my relationship to end because I'm living in a different country. It's so stressful. I've followed the rules by the book the entire time I've been here, but I was treated badly the last time I crossed in (I didn't know that my student visa is actually considered invalid once I graduated, and I had gone to France for matters relating to the work I'm beginning when I move). I'm scared that I'm not going to be able to see my partner anymore unless they come to me, and they're very busy so I don't want to put all the burden of travel on them.

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Re: Visiting the UK as a non-European living in France

Post by Casa » Tue Sep 15, 2015 4:06 pm

It would seem that you were given a 6 month visitor visa as a concession rather than denying you entry. If you are fortunate to be given another 6 month visitor visa, this should enable you to enter only for short stays as you're suggesting. However, unless you can show strong reasons for not overstaying, your application may be refused. This is especially tricky as you won't be resident in your home country and you have a partner in the UK.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

anisotropic
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Re: Visiting the UK as a non-European living in France

Post by anisotropic » Tue Sep 15, 2015 6:56 pm

It would seem that you were given a 6 month visitor visa as a concession rather than denying you entry. If you are fortunate to be given another 6 month visitor visa, this should enable you to enter only for short stays as you're suggesting. However, unless you can show strong reasons for not overstaying, your application may be refused. This is especially tricky as you won't be resident in your home country and you have a partner in the UK.
I was thinking that if I turned up for visits with a return ticket printed out, copies of my employment contract, rental agreement etc in France, it would make it obvious that I'm clearly only coming to the UK for a weekend to see my partner. But I don't know. There isn't any information anywhere about what constitutes "too much" frequency for short visits. It would be easier if there was a rule about only visiting x times, or only staying in the UK y days out of the year, or something like that.

To make things even more complicated, I'm also going to be expected to go to other parts of the UK on occasion for my work. I wouldn't be working, but there would be meetings for collaborations I'm involved with professionally. I don't even know if I'm allowed to do this, because they might define attending a meeting for my work as "working" and deny me entry by saying that I was planning to work even though I'm not.

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Re: Visiting the UK as a non-European living in France

Post by noajthan » Tue Sep 15, 2015 7:29 pm

anisotropic wrote:Hi all. I'm sorry if this is a stupid question, but I've been absolutely unable to find an answer to my question anywhere.

I am a US citizen who has been living in the UK as a student for the past 5 years. I am moving to France in two weeks on a work visa there, for the next 3 years. My partner, however, is remaining in the UK indefinitely.

I simply want to know how often I will be able to visit my partner in the UK (I had been hoping to come back to see them perhaps one weekend out of every month). I know that the UK border force look out for things like people secretly living in the UK, etc. I have no intention of doing anything untoward, and I will be working full time in France, and my visits won't be long, but they might be semi-frequent (as I said, about once a month) but will my work status in France allow me any kind of free movement in terms of visits?

How often will I be allowed to visit my partner? Will I have trouble being let in the country once I leave here? Do I need to apply for a visa or can I visit multiple times on visa waiver?

Thanks in advance. I'm really worried that my relationship may go downhill if I'm not able to see my partner very often.
If EEA national has been exercising treaty rights for 5 years in UK & you have have also been resident in UK 5 years as a dependent family member you may have acquired PR ie settled status by now.

It'd be worth your while digging into your facts & dates to establish this (or not).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Visiting the UK as a non-European living in France

Post by noajthan » Tue Sep 15, 2015 7:31 pm

anisotropic wrote:...

To make things even more complicated, I'm also going to be expected to go to other parts of the UK on occasion for my work. I wouldn't be working, but there would be meetings for collaborations I'm involved with professionally. I don't even know if I'm allowed to do this, because they might define attending a meeting for my work as "working" and deny me entry by saying that I was planning to work even though I'm not.
Whoa, be careful about this.

If your employer expects this then suggest you gently encourage employer to sort out the appropriate visa for you - that's completely separate from your personal life :!:
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Visiting the UK as a non-European living in France

Post by secret.simon » Tue Sep 15, 2015 11:48 pm

noajthan wrote:
anisotropic wrote:...

To make things even more complicated, I'm also going to be expected to go to other parts of the UK on occasion for my work. I wouldn't be working, but there would be meetings for collaborations I'm involved with professionally. I don't even know if I'm allowed to do this, because they might define attending a meeting for my work as "working" and deny me entry by saying that I was planning to work even though I'm not.
Whoa, be careful about this.

If your employer expects this then suggest you gently encourage employer to sort out the appropriate visa for you - that's completely separate from your personal life :!:
I concur.

If it is "expected" (presumably by your employer) that you have collaboration meetings that you are involved with professionally, that definitely sounds like work to me, standing in for a "reasonable person", a famous personality in English law.

Working while in the UK on a visit visa may significantly impair any future visa applications to the UK, either for visits or as a partner/spouse. I agree with noajthan that given that you are a non-EEA citizen and that you are expected to travel to work in the UK, your employer must provide for an appropriate business visa.

Also, as regards visiting the UK, Immigration Officers at the border keep an eye out on whether you are spending a significant amount of time in the UK as compared to your country of residence. So, if you have frequent visits for both business and personal reasons, you will almost certain get barred very quickly.

Can you give us more details about the amount of time that you lived with your European (hopefully EU) partner in the UK? Do you have proof of the same (bills in joint names, bank accounts in joint names, etc)? We can advise you on whether you may have accrued rights under EU law (as distinct from UK law)? It is like the federal and state laws back home in the US.

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Re: Visiting the UK as a non-European living in France

Post by Casa » Wed Sep 16, 2015 9:37 am

Also be aware that Border Officers do often search through hand and hold luggage when they suspect someone may not be entering the UK as a genuine visitor. Anything that can be connected to your work will raise suspicion that you aren't simply visiting.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Visiting the UK as a non-European living in France

Post by Wanderer » Wed Sep 16, 2015 10:40 am

Casa wrote:Also be aware that Border Officers do often search through hand and hold luggage when they suspect someone may not be entering the UK as a genuine visitor. Anything that can be connected to your work will raise suspicion that you aren't simply visiting.
It's great when that happens on UK Border Force on telly isn't it!!??

CV's in luggage, tenancy agreements, wedding arrangements......
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Visiting the UK as a non-European living in France

Post by Casa » Wed Sep 16, 2015 11:20 am

I know of someone a few years ago entering on a visitor visa issued in Croatia who was 'bounced' as the IO found professional hairdressing scissors in their luggage. :|
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Visiting the UK as a non-European living in France

Post by Wanderer » Wed Sep 16, 2015 11:29 am

Casa wrote:I know of someone a few years ago entering on a visitor visa issued in Croatia who was 'bounced' as the IO found professional hairdressing scissors in their luggage. :|
On said program an Australian lass was bounced because she had proper chef's knives in her luggage and they didn't believe she wasn't going to try and gain employment as a Chef....
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: Visiting the UK as a non-European living in France

Post by Casa » Wed Sep 16, 2015 2:55 pm

I saw that one. Didn't they say they only intended to show their host how to bake a cake during the holiday? :roll:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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